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COM. v. APONTE

855 A.2d 800 (2004)

COMMONWEALTH of Pennsylvania, Appellee, v. Melvin APONTE, Appellant.

Supreme Court of Pennsylvania.

Decided August 19, 2004.

Attorney(s) appearing for the Case

Robin S. Forrest, Philadelphia Leonard N. Sosnov, John Packel, Philadelphia, for Melvin Aponte

Hugh J. Burns, Joan Weiner, Philadelphia, for Com.

Before ZAPPALA, C.J., CAPPY, CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN, JJ.

OPINION

Justice EAKIN.

We granted allowance of appeal to determine whether 35 P.S. § 780-115(a), which doubles the statutory maximum penalty upon proof of a prior conviction for a similar offense, without requiring proof beyond a reasonable doubt before a jury, violates due process under the Pennsylvania and United States Constitutions. We conclude § 780-115(a)'s sentencing enhancement is constitutionally valid, and affirm.

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